REGISTRATION OF FOREIGNERS

[Mr. M. GOVINDARAJAN]

The Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1992 provide for the registration of foreigners enter into India.

 Every passenger who arrives in India on Board shall furnish the true particulars  as to his name, nationality, age, sex, place of birth, address in India, purpose of the visit and proposed length of stay in India. Every foreigner who enters into India or leaves India shall furnish  the Registration Officer a true statement of particulars in Form D.

 Every foreigner entering India shall present in person or through the authorized representative to the appropriate Registration Officer  a report  as specified below:

• In case of a valid VISA for a period of 180 days or less and who wishes to stay in India beyond a period of 180 days, the report shall be presented to Registration officer having jurisdiction in the place where the foreigner is present at the time of presentation of such report.  The report shall be submitted within two weeks after the expiry of 180 days of his arrival in India;
• In case of a valid VISA for more than 180 days the report shall be presented to Registration Officer as may be specified by the Registration Officer of the Port or other place of arrival with the approval of the Central Government.  The report shall be submitted within two weeks of his arrival in India;
• In case of a foreigner who enters India otherwise than VISA the report shall be presented to the Registration Officer having jurisdiction in the place where the foreigner is present at the time of presentation of such report.  The report shall be submitted immediately after the expiry of authorized period of stay in India;
• In the case of a person who has become a foreigner by reason or  his having ceased to be a citizen of India while resident in India to the Registration Officer having jurisdiction in the place where the said person is ordinarily resident.  The report shall be submitted within 15 days of his ceasing of citizen of India;
• In the case of a foreigner who enters India with a person of Indian origin card, to the Registration Officer having jurisdiction in the place where the said foreigner is ordinarily resident.  The report shall be filed within 30 days after the expiry of 180 days of his arrival in India;
• In the case of a foreigner who enters India on a visa valid for a stay in India for a period of more than 180 days with a stipulation that each stay shall not exceed 180 days and who wishes to stay in India beyond the period of 180 days on a single occasion, the report shall be submitted to the Registration Officer having jurisdiction in the place where the said foreigner is present at the time of presentation of such report. The report may be filed at any time before the expiry of 180 days of his arrival in India.

Every registration report shall be made in English or Hindi.  It shall be filed in quadruplicate.  It shall contain a true statement of the foreigner’s address in India and other particulars as specified in  Form A.

 Every foreigner presenting a registration report shall furnish to the Registration Officer such information as may be in his possession for the purpose of satisfying the said office as to the accuracy of the particulars specified therein and shall, on being required to do sign the registration report in the presence of the said officer and shall thereupon be entitled to receive from the said officer a certificate of registration in Part III of Form A.  If the report is presented whose address in India is not within the jurisdiction of the Registration Officer of the port or other place of arrival in India, temporary certificate in Form B shall be issued and the said foreigner shall thereafter comply with the conditions set out in Form B

 If the Registration Officer is of the opinion that the passport or other documents of identification do not provide adequate proof of identity,  the same shall be required to be furnished to the Registration Officer by the foreigner within such period of presenting his registration report as such officer may fix, either four copies of a photograph of himself of passport size, one which shall be affixed to Part III of Form A and over stamped with the Stamp of Registration Officer or four complete sets of his finger impressions, one of which shall be made on Part III of Form A, whoever the Register Officer may require. The finger impressions shall be made in the presence of the Registration Officer and set attested by him.

 If any certificate of registration issued under these Rules is lost or destroyed the foreigner shall report to the Registration Officer concerned, the circumstances in which the certificate is lost or destroyed together with an application  for the issue of the duplicate certificate of Registration.

 The certificate of registration is valid for so long as the foreigner does not depart from India.

 Every foreigner shall within 24 hours of demand being made by-

• Any Registration Officer;
• Magistrate;
• Police officer, not below the rank of a Head Constable

produce at such place as may be specified in his passport or such other proof of identity as may be required for any purpose connected with the enforcement of these rules.  The said time of 24 hours may be extended by such officers in the circumstances as may be necessary for production of the documents. The foreigner is entitled to receive receipt from the Officer to whom the documents are surrendered or handed over.  The certificate of registration is also a document coming under the above purview.

 If at any time a foreigner-

• proposes to be absent from his registered address for a continuous period of 8 weeks or more; or
• he is changing the address; or
• he is finally departing from India,

he shall inform the same in person or through authorized representative before leaving. In case of his returning the same shall be intimated to the Registration Officer.

 Every keeper of a hotel shall require every visitor to the hotel to furnish the particulars necessary for recording and sign on his arrival at the hotel, his name and nationality in a paper maintained in Form F and if any such visitor is a foreign  shall further require him-

• on his arrival at such a hotel to furnish the other particulars specified on items 4 to 10 of the said register; and
• at the time of departure from such a hotel to furnish the particulars necessary for recording in the said register, the date and time of the departure and the address to which he is proceeding.

The said register shall at all time be made available for inspection on the demand of any Registration Officer, any Magistrate or any police officer not below the rank of head constable.  The keeper of a hotel shall, as soon as may be but not more than 24 hours, after the arrival of foreigner, transmit a copy of Form C duly completed from the particulars  furnished by such a foreigner, to the Registration Officer.

 Every foreigner who is to depart from India shall surrender his certificate either to the Registration Officer or the Immigration Officer at port/check post of exit from India.  If the certificate is surrender to the officer other than the above, a receipt indicating such surrender of certificate may be shown to the Immigration Officer.